Equitable Estoppel Still Possible In FMLA Case

Law360 (July 16, 2007, 12:00 AM EDT) -- A district court judge on Friday agreed to hear an employee's lawsuit brought under the Family Medical Leave Act, even though the company at which the employee worked may not be covered under the FMLA.

The FMLA only covers employees in workplaces with at least 50 other employees within 75 miles. The plaintiff, Jason Myers, moved in May for partial summary judgment, asking the court to equitably estop his employer, printing company Turrso Co., from claiming that it was not covered by the FMLA, even though...